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2007 Supreme(Mad) 2150

SUDHANSU JYOTI MUKHOPADHAYA, FAKKIR MOHAMED IBRAHIM KALIFULLA
Rahamath Steel, 247, Indira Nagar, Kumbakonam – Appellant
Versus
Mahavir Plantation Pvt. Ltd. & Others – Respondent


For the Petitioner:R. Yashod Varadhan, A.L. Somayaji, SC, for M/s. Aiyar & Dolia, Advocates. For the Respondents:P. Sukumar, Advocate.

Judgment :-

S.J. Mukhopadhaya, J.

As all the cases arise out of a common proceeding of the Debt Recovery Appellate Tribunal, Chennai, (hereinafter referred to as DRAT) and common question of law involved, they were heard together and are being disposed of by this common judgment.

2. In W.P. No.23515/05, the petitioner has challenged the order dated 13th June, 2005; in W.P. No.24534/05 and CRP No.1841/05, the petitioners have challenged the common order dated 13th June, 2005, passed by the DRAT, Chennai, in M.A. (SA) No.60/05 in S.A. No.19/04; in W.P. Nos.26849/05 and 27511/05, the petitioners have challenged the order dated 13th June, 2005, passed by DRAT, Chennai, in M.A. (S.A.) No.59/05. The petitioner in W.P. No.26489/05 has also challenged the order dated 29th July, 2005, passed in I.A. No.98/05 in M.A. (S.A.) No.59/05 whereby extension of time was allowed. In W.P. No.30664/05, the petitioner, ICICI Bank, has challenged the proceeding and notices issued on different dates in R.C. No.1985/91/A3. The same petitioner, ICICI Bank, in W.P. No.30860/05 has challenged the order dated 9th Aug., 2005, passed in R.A. (SARFAESI) No.25/05.

3. One of the question raised in these cases is:































































































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